Separation and Divorce Information and Tips.

19/01/2026

Peace is not a sign of giving in.
It is a sign that you value clarity more than chaos.

Anyone can shout.
Few can stay calm, think clearly, and make choices that protect their future instead of feeding a fight.

Peace is strength that has learned control. It is the power to walk away from what does not serve you, and the courage to stand firm without losing your balance.

13/10/2025

07/10/2025

SCHOOLING DISPUTES?
Choosing the right school is rarely simple and, for separated parents, it can quickly become a battleground. Strong feelings about education, distance, cost and lifestyle often collide, making agreement difficult. When parents cannot resolve the issue, the Federal Circuit and Family Court of Australia may step in. However, it is important to understand what the Court does - and does not - do. Judges will not declare one school 'better' than another. Their task is to decide what outcome is in the child's best interests.
The Court's role and limits
Under the Family Law Act 1975, decisions about a child's education fall within 'major long-term issues'. If parents share parental responsibility but cannot agree, the Court may need to decide. However, the Court has consistently said that it will not engage in comparisons of schools by prestige, reputation or academic ranking. Instead, judges examine how each proposed option will affect the child's daily life - considering factors such as continuity, routines, friendships and practical arrangements.
Case examples
In Medina & Joon [2024] FedCFamF2F 1647, the parents disagreed about whether their children should move schools following separation. The mother sought a change, but the Court held that stability and continuity were more important at that stage. Because there was no compelling evidence that a new school would benefit the children, they were ordered to remain at their existing school, at least on an interim basis.
A different issue arose in Allinson & Eadie [2020] FCCA 3558, where both parents put forward new schools that would meet the child's needs. The real point of difference was travel. The mother's choice was closer to her home, where the child spent most school nights, while the father's option involved significantly longer travel. The Court concluded that reducing travel and preserving a manageable daily routine was in the child's best interests. The mother's proposal was therefore preferred.
The principles guiding these outcomes can be traced back to the leading authority of Re G: Children's Schooling [2000] FamCA 462. In that case, the Full Court rejected the idea that the parent with whom the child primarily lived should automatically determine schooling. Instead, it confirmed that the best interests of the child must always come first. Matters such as disruption to friendships, travel burdens, financial implications and the quality of supporting evidence all play a role in the assessment.
Practical guidance for parents
Parents facing a dispute about schooling should begin with open, child-focused discussions. Each parent should consider not only the academic aspects of the schools in question, but also the child's social connections, extracurricular activities and how practical arrangements will work.
As family lawyers, we often hear parents explain their school preferences by referring to their own experiences as former students, or to long-held family traditions. While these stories may carry some personal meaning, the Court is only interested in how each option will affect the child, not the parent.

02/10/2025

Should you have your kids in control of your family trust?
What is control of a family discretionary trust?
So, the first line of control of a family discretionary trust is the trustee, either the individuals or the company. And if it's a company, the directors, they're the ones who make the day to day decisions about the trust giving out income, giving out capital investments, all those kinds of things. If you've got a company, there's also the question of the shareholders, because the shareholders of that company will appoint and remove directors. The second line then is the appoint or role, sometimes called principal, sometimes called guardian. They decide who the trustees and so can appoint and remove the trustee and therefore have control over the trust.
What does bringing kids into control look like?
So, when we're looking at bringing kids into control of the trust we're looking at, do they become individual trustees or directors of the company? That's the trustee. If a company, are we giving them shares and how about the appoint or role. Now, we can do some but not all of those things. I've had situations where we've made kids directors of the trustee company but not shareholders or appoint rules so that the parents are keeping control of the trust, but involving the kids in decisions.
So, should I?
This is the it depends. Now, we often do this for families where we've got like a family business and we want to involve the children some or all of them in control of that family business. We might do it where we want to make sure that control of that trust will pass down to that child or those children. When something happens to the parent. And that can be very effective mechanisms. But you do need to remember that when you're bringing your kids in, they become decision makers. And so, you have to look at how are they going to outvote you. Do you want them involved in the kinds of decisions about a trust that you want them to? Also, if it's a business, will there be a liability issue and one that's coming up more and more unfortunately, if your child gets involved in a matrimonial dispute, do the trust assets get dragged into that dispute because they are a director or shareholder of the trustee or an appoint tool? Again, lots of think about bringing kids in. This is a short a short snapshot.
If you've got any questions or would like to discuss this issue more. Please contact a member of our team.

30/09/2025

Parenting orders and schools: what parents need to know:

Parenting orders do not bind schools. It is important for parents to understand the limits of what schools can and cannot do when it comes to enforcing family law orders.

Parents often assume that once parenting orders are made, schools will enforce them. In practice, this is not the case. Parenting orders are binding only on the parents, not on schools. Understanding the role schools play in this context helps parents avoid unnecessary disputes and confusion.

Although schools will usually make genuine efforts to respect the arrangements set out in parenting orders, they are not legally required to enforce those orders. This distinction is often misunderstood and can cause tension between parents and schools.

The school's primary obligations

Schools owe their obligations to the enrolled children and to both parents, regardless of what a parenting order may say. They are required to act in the best interests of the children, comply with education law and policy, and ensure a safe and supportive learning environment.

Conflicts can arise where a parenting order restricts one parent's involvement, but the school has obligations to engage with both parents. For example, a parenting order may:

- limit a parent's time with the child, but the school may still have to provide that parent with access to academic reports and information about the child
- specify who collects the child from school, but the school must also balance its duty of care and risk management policies.

Common misunderstandings

Parents sometimes expect schools to 'police' parenting orders, for example by:

- refusing to provide information to the other parent
- preventing a parent from attending school events
- blocking communication between one parent and teaching staff.

Unless the parenting order expressly addresses these matters in a way that can be reasonably implemented by a school, schools are unlikely to enforce such restrictions. In fact, they may be unable to do so without breaching their own legal and professional obligations.

09/01/2025

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Key advice on how to mitigate the burdens of divorce.

Divorce is often a tricky emotional and financial process. However, there are ways to make it easier so that you and the partner you are separating from are not left frustrated or at loggerheads with you during this time.

here is some key advice on how to mitigate the burdens of divorce and other important things to consider.

Your first step is to weight up your options.

If you and your partner are considering separation/divorce, there are plenty of personal and legal steps that you will need to take to accomplish it. You'll want to seriously consider all the affects a divorce will have on your financial and personal life before committing to the process.

Get Expert Family Law Advice

Legal advice is essential to getting the right information about your circumstances. Too may people rely on friends or family for advice and are ultimately uninformed about their own position. Seek professional advice early and check the options that are available to you in your circumstances.

Experienced and professional family lawyers will be able to quickly analyse your situation and provide expert guidance and options on how to proceed. Experienced lawyers can also confidently give you better guidance on potential outcomes, costs, available courses of action and other variables.

The quality of your legal advice is important, the better representation you have generally equates to a better outcome faster. You are able to make better-informed decisions and have greater clarity which leads to a smoother and less stressful separation process.

03/01/2025

03/12/2024